New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE BELLINGER RIVER AREA UNREGULATED AND ALLUVIAL WATER SOURCES 2008 - REG 64

64 Very low flow access in these water sources

(1) During periods of very low flows, holders of local water utility access licences, specified in Schedule 3, may continue to access water until such time as the licence holder undertakes major augmentation to their water supply works.

(2) During periods of very low flows, holders of access licences other than local water utility access licences, specified in Schedule 3 may continue to access water for the following purposes:

(a) fruit washing,

(b) cleaning of dairy plant and equipment for the purpose of hygiene,

(c) poultry watering and misting, or

(d) cleaning of enclosures used for intensive animal production for the purposes of hygiene.

(3) The maximum daily volume that can be extracted under subclause (2) will:

(a) be the minimum required to satisfy the purposes specified in that subclause,

(b) be individually assessed and specified on each access licence within 12 months of the commencement of this Plan, and

(c) will not exceed 20 kilolitres per day.

(4) Once specified under subclause (3) (b) the maximum daily volume that can be extracted under subclause (2) cannot be increased.

(5) Notwithstanding subclauses (2) and (3), extraction of water by an approved water supply work is only permitted where it complies with the flow conditions of the authorised water supply works or in the absence of such condition, if there is a visible flow in the river in the downstream vicinity of the water supply work.

(6) The Minister may, under section 45 (1) (b) of the Act, add a licence to Schedule 3 following written request by the holder of an access licence, but only if extraction under the licence is for the purposes established in subclause (2), and the purpose was on the entitlement that was replaced by the access licence.

(7) The Minister may under section 45 (1) (b) of the Act remove a licence from Schedule 3 if:

(a) any access licence dealing results in the water being extracted under that licence from a different location,

(b) an alternative water supply is obtained, that satisfies the requirements of subclause (2), or

(c) the licence is surrendered or cancelled or the purpose ceases to exist.

(8) Following an assessment of the continuing requirements for access under this clause the Minister may, under section 45 (1) (b) of the Act amend or delete Schedule 3, if such a review determines that access under this clause is no longer required.